In re Kuecker Equipment Co.

ORDER SUSTAINING IN PART, AND OVERRULING IN PART, MOTION TO ENFORCE AUTOMATIC STAY AND DENYING DEBTOR’S REQUEST FOR RECOVERY OF DAMAGES ARISING FROM GARVEY’S STAY VIOLATION

ARTHUR B. FEDERMAN, Bankruptcy Judge.

Debtor Kuecker Equipment Company filed a Motion to Enforce the Automatic Stay seeking an Order, inter alia, declaring that a certain lawsuit filed in state court by Tom Garvey against the Debtor’s principals and an affiliated company violates the automatic stay in this case. For the reasons that follow, the Motion is SUSTAINED in part and OVERRULED in part. Subsequent to the hearing on…